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3/24/2008MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MARCH 24, 2008 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Hill at 7:32 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Lay, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill. Councilmembers Absent: None. Others Present: Anton Dahlerbruch, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Nan Huang, Finance Director. Marilyn Kern, Deputy City Clerk. Lt. Greg Ahn, LASD, Lomita Station. City Manager Dahlerbruch presented a brief explanation of the microphone system being tested and provided by Rolling Hills resident Dave Jacobs. He indicated that suggestions had been made that an audio system might be helpful to assist those in the audience to hear and explained how the system works. CONSENT CALENDAR Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item from the Consent Calendar causing it to be considered under Council Actions. a. Minutes - Regular Meeting of March 10, 2008. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of February, 2008. RECOMMENDATION: Approve as presented. d. Consideration of dates for the Annual Spring Clean-up. RECOMMENDATION: Approve as presented. e. Review of Financial and Investment Policies. RECOMMENDATION: Approve as presented. f. Exchange of Proposition A Transportation Funds. RECOMMENDATION: Receive and file. g. Correspondence from the South California Edison Company regarding Application No. 08-03-002, 2990 General Rate Case, Phase 2 filed with the Public Utilities Commission. RECOMMENDATION: Receive and file. Mayor Pro Tem Heinsheimer moved that the City Council approve the items on the Consent Calendar. Councilmember Black seconded the motion which carried unanimously. Mayor Hill suggested that New Business Item 8-B regarding an amendment to the professional services agreement with Geosyntec Consultants be considered at this time. Hearing no objection, he so ordered. NEW BUSINESS CONSIDERATION OF A REQUEST TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH GEOSYNTEC CONSULTANTS FOR FISCAL YEAR 2007-2008 City Manager Dahlerbruch presented the staff report providing background regarding the Minutes City Council Meeting 03/24/08 -1- amendment to the agreement. He indicated that the cost increase is due to a number of unexpected regulatory actions that have occurred this year which require additional attention from the consultant. The City Manager briefly explained the strategy being implemented to deal with these regulatory actions and indicated that the City is working with other jurisdictions in this effort. Discussion ensued regarding the unexpected regulatory actions and concerns were expressed regarding the City's receipt of a notice of violation of the Santa Monica Bay Bacteria TMDL. In response to a query, the City Attorney explained that the City must prove that it is not responsible for the bacteria that are being attributed to it. He further explained the plan to appeal the notice of violation and other strategies being considered and, he indicated that Geosyntec would assist the City in dealing with this matter. Ms. Kathleen McGowan, Geosyntec Consultants, explained that Geosyntec is planning to develop a drainage area map to show the exact location where drainage from the City is entering the shoreline and not into the Santa Monica Bay. She indicated that they are also developing a monitoring plan for the nutrient and trash TMDL for Machado Lake to demonstrate that there is no pollution above the required level leaving the City. Further discussion ensued regarding strategies and programs being developed and considered to demonstrate that Rolling Hills is in compliance with the NPDES and TMDL permit requirements. Hearing no further discussion, Mayor Hill called for a motion. Mayor Pro Tem Heinsheimer moved that the City Council approve the amendment to the professional services agreement with Geosyntec Consultants. Councilmember Lay seconded the motion which carried unanimously. PLANNING COMMISSION ITEMS RESOLUTION NO. 2008-03. A MODIFICATION TO A PREVIOUSLY APPROVED PROJECT TO REDUCE THE GRADE OF THE APPROVED SLOPES IN THE FRONT OF THE PROPERTY AND TO MODIFY THE DISTURBED NET LOT AREA OF THE LOT. THE ORIGINAL APPROVAL CONSISTED OF A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE WITH BASEMENT AND A STABLE IN ZONING CASE NO. 699, AT 40 PORTUGUESE BEND ROAD, (LOT 119-RH), (SU) Planning Director Schwartz presented the staff report outlining the applicant's request and providing background regarding the property and the Planning Commission action relative to Zoning Case No. 699. Hearing no discussion, Mayor Hill called for a motion. Councilmember Lay moved that the City Council receive and file Resolution No. 2008-03. Mayor Pro Tem Heinsheimer seconded the motion which carried unanimously. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS - Continued ORDINANCE NO. 309. CONSIDERATION OF AN ORDINANCE TO MODIFY OUTDOOR LIGHTING STANDARDS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE City Manager Dahlerbruch provided a brief overview of the proceedings relative to Ordinance No. 309. He explained that a one-page document summarizing comments that were offered by the RHCA Architectural Committee, City staff and resident Spencer Karpf after the agenda materials had been distributed to the City Council had been placed before council members for their consideration during deliberation of the proposed ordinance this evening. Planning Director Schwartz presented the staff report providing background regarding the proposed ordinance and explained the revisions that had been incorporated into the ordinance following the meeting of the City Council on March 10, 2008. She detailed the modifications offered by the RHCA Architectural Committee, City staff and resident Spencer Karpf. Mayor Hill opened the public hearing and called for testimony. Minutes City Council Meeting 03/24/08 -2- Mr. Richard Colyear, 35 Crest Road West, commented on the RHCA address signs and expressed concern that these signs would meet the definition of a structure which would preclude them from being up -lighted. He also commented on the grandfathering clause and the list of addresses he submitted to the City which he feels are not in compliance with the original ordinance and indicated that he feels that these fixtures would continue to be non- compliant under the proposed amended ordinance. It was stated that these fixtures would be non-compliant however they would be grandfathered. Mr. Colyear commented on the fixtures at the entrance to his property off of Johns Canyon Road and it was noted that under the revised ordinance that these fixtures would be grandfathered. Mr. Spencer Karpf, 14 Caballeros Road, commented on the process to amend the outdoor lighting ordinance to date and commended those involved for their efforts. He further explained his suggestions outlined in his letter to the City Council dated March 23, 2008. Councilmembers discussed the recommended modification suggested by the RHCA Architectural Committee that "lighting fixtures at the primary entrance to the residence need not cast light downward and should be controlled by a timer ...." be added to paragraph 2e. Following discussion, the council concurred that this phrase should include that fixtures "may be controlled by a timer" rather than "should be." Discussion ensued regarding staff's suggestion that in paragraph 4a, that "or any other structures..." be added to the first sentence. Following discussion regarding this proposed amendment, the City Council suggested that this sentence be amended to read "Light fixtures existing on . , 2008 that direct light upwards to illuminate an architectural or landscape feature or any other structure (except as provided in paragraph 2(c) of this section) shall be deactivated, removed or otherwise brought into compliance with this section". Councilmembers discussed the modification to paragraph 4b offered by resident Spencer Karpf that "except that light of the type described in paragraphs 2a and 2b above shall not exceed a total wattage in each light fixture as described in those provisions." Following discussion of Mr. Karpf's modification, the City Council suggested that paragraph 4b be amended to read "Light bulbs used in lighting fixtures permitted to remain indefinitely as provided in paragraph (a) above shall be nonreflective and shall not exceed a total wattage in each light fixture as set forth in paragraphs 2 (a) — (e) of this section. Councilmembers discussed Mr. Karpf's suggestion that all light bulbs in outdoor fixtures shall be brought into compliance with the requirements of this section within 6 months rather than 1 year. It was suggested that compliance be required by January 1, 2009 and it was noted that Section 4 would need to be amended to reflect his change. Discussion ensued regarding the premise that lighting should be functional rather than decorative. There was also a brief discussion regarding the height of lighting. Planning Director Schwartz indicated that the City does not regulate the height of lighting except for pathway lights which may only be 18 inches high. Further discussion ensued regarding the RHCA Architectural review of lighting and their involvement with architectural features related to the height of lighting on residences. Hearing no further public comment or discussion, Mayor Hill closed the public hearing and called for a motion. Councilmember Lay moved that the City Council waive further reading and reintroduce Ordinance No. 309 as follows: Section 3, Paragraph 2e shall read "Lighting on porches and exterior walls of structures on the property, provided that the bulbs are shielded and obscured by the lighting fixtures to cast light downward and the light does not spill onto the roadway or adjacent properties. However, lighting fixtures at the primary entrance to a residence need not cast light downward and may be controlled by a timer. Further, lighting fixtures on the exterior wall of a structure immediately adjacent to a patio or terrace used as ambient light for cooking, dinning or entertaining need not cast light downward, so long as they are operated manually (not controlled by a timer) and illuminated only when needed. Bulbs used in lighting allowed by this subparagraph, except for lighting fixtures at the primary entrance to a residence, shall be nonreflective and shall not exceed a total wattage in each light fixture of 40 -watt incandescent light bulb or technological equivalent." Section 3, Paragraph 4a shall read "Light fixtures existing on 2008 that direct light upwards to illuminate an architectural or landscape feature or any other structure (except as provided in paragraph 2(c) of this section) shall be deactivated, removed or otherwise brought into compliance with this section by January 1, 2009. All other light fixtures that were Minutes City Council Meeting 03/24/08 -3- installed in compliance with the requirements of this Code prior to 2008, and not in compliance with the requirements of this section, may remain indefinitely in their existing location, but shall not be replaced unless in compliance with this section. Section 3, Paragraph 4b shall read "Light bulbs used in lighting fixtures permitted to remain indefinitely as provided in paragraph (a) above shall be nonreflective and shall not exceed a total wattage in each light fixture as set forth in paragraphs 2 (a) — (e) of this section. All light bulbs in outdoor fixtures shall be brought into compliance with the requirements of this section by January 1, 2009." Section 4 shall read "The City Clerk is directed to insert the effective date of this Ordinance into the blanks in paragraph 4 of Section 3 hereinabove." Mayor Pro Tem Heinsheimer seconded the motion. Further discussion ensued regarding paragraph 4a and it was suggested that the word "upward" be eliminated. Councilmember Pernell moved that the City Council amend the motion on the floor and eliminate the word "upward" in paragraph 4a. The motion died for a lack of a second. The original motion made by Councilmember Lay and seconded by Mayor Pro Tem Heinsheimer carried unanimously. Consideration of Ordinance No. 309 was continued to the next regular meeting of the City Council scheduled to be held on Monday, April 14, 2008 for consideration of second reading and adoption. OLD BUSINESS CONSIDERATION ORDINANCE NO. 310: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING VIDEO FRANCHISE FEES, PEG FEES, PENALTIES AND OTHER RELATED MATTERS FOR STATE VIDEO FRANCHISE AGREEMENTS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. City Manager Dahlerbruch reported that Ordinance No. 310 was introduced at the last City Council meeting and that it is being presented this evening for second reading and adoption. Hearing no discussion, Mayor Hill called for a motion. Mayor Pro Tem Heinsheimer moved that the City Council waive further reading and adopt Ordinance No. 310. Councilmember Lay seconded the motion which carried unanimously. CONSIDERATION OF 2008/09 FISCAL YEAR SOLID WASTE REFUSE RATES Subcommittee members explained the request for a 107o increase from Allied Waste. It was reported that the Subcommittee has requested that staff provide more information regarding the amount of rate increase anticipated by the other cities on the peninsula, their residential refuse collection rate and if the increase being experienced by the other cities is similar to the one proposed by Allied Waste. The Subcommittee members stated that the information explaining the rate increase from Allied Waste seems valid and that it is likely that the rate increase is warranted and will be recommended by the Subcommittee. It was noted that staff was asked to report the additional information from neighboring cities to the Subcommittee members and schedule a meeting if necessary. The noticing and protest hearing required to pass along any rate increase to the residents was also explained. Concerns regarding the accuracy of the solid waste tonnage reported by Allied Waste was discussed. It was reported that discussions could take place with Allied Waste to further assist the City in meeting its' 507o diversion rate. The City Manager reported that Allied Waste has been providing reports to the City and he explained the construction demolition waste reported by non -franchised haulers that is being misreported. It was reported that Allied Waste has indicated that they will be replacing the small trucks used in the City. It was suggested that during the negotiations the Subcommittee might want to address the litter that drops off of the small trucks onto the sides of the City's roadways. Following the discussion regarding the escalating cost of fuel and other petroleum related products as well as the tipping fees charged by the landfills used by Allied Waste, this matter was continued to the next regular meeting of the City Council for further consideration. Minutes City Council Meeting 03/24/08 -4- NEW BUSINESS - CONTINUED CONSIDERATION OF AN AMENDMENT OF A SUBDIVISION DEVELOPMENT AGREEMENT RELATING TO TIME EXTENSION FOR CONSTRUCTION OF IMPROVEMENTS FOR A PREVIOUSLY APPROVED PARCEL MAP NO. 26356, SUBDIVISION NO. 89, IN ZONING CASE NO. 615,4 STORM HILL LANE Mayor Pro Tem Heinsheimer abstained from consideration of this matter due to the proximity of the subject property to his property and left the Chambers. Planning Director Schwartz presented the applicants' request for a 24 -month extension to construct infrastructure improvements on Storm Hill Lane as required by the previous approval of Parcel Map No. 26356 and provided background regarding the subdivision. Hearing no discussion, Mayor Hill called for a motion. Councilmember Lay moved that the City Council approve the request for a time extension. Councilmember Black seconded the motion which carried by the following roll call vote: AYES: Councilmembers Black, Lay, Pernell and Mayor Hill. NOES: None. ABSENT: None. ABSTAIN: Mayor Pro Tem Heinsheimer. Mayor Pro Tem Heinsheimer returned to the Chambers. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL CONSIDERATION OF NOMINATION FOR 43RD ANNUAL OLDER AMERICANS RECOGNITION DAY AWARDS PROGRAM City Manager Dahlerbruch reported that an Ad Hoc Committee consisting of the Mayor and Mayor Pro Tem has unanimously recommended the nomination of Godfrey Pernell for recognition at the Annual Older Americans Recognition Day Awards Program. Mayor Pro Tem Heinsheimer moved that the City Council nominate Councilmember Godfrey Pernell for recognition at the Annual Older Americans Recognition Day Awards Program. Councilmember Lay seconded the motion which carried unanimously. MATTERS FROM STAFF 2007 / 08 FISCAL YEAR GENERAL FUND PROJECTIONS City Manager Dahlerbruch- presented the staff report outlining the 2007 / 08 year-end General Fund projections. The City Council commended staff for their efforts. In response to a query, it was reported that the City has experienced more building permit activity than anticipated. It was further noted that the downturn in the housing market and mortgage foreclosures have not impacted property tax revenues likely due to the increased building activity. Following brief discussion regarding the lower than anticipated interest income, the report was received and filed. CONSIDERATION OF APPLICATION FOR PROPOSITION 1B TRANSPORTATION FUNDS City Manager Dahlerbruch presented the staff report providing background regarding voter approval of Proposition 1B in 2007 which provides each city in the state with at least $400,000 for local transportation improvements. He noted the City's past practice of granting such funds to neighboring cities since the funds cannot be used behind the gates. He further explained the stipulations associated with the funds and the State Controller's office's concern relative to the use of these funds by Rolling Hills for a joint project with another City outside Rolling Hills. He said that while a project outside the City would need to benefit Rolling Hills residents, use of the funds outside the City may result in an audit. City Manager Dahlerbruch indicated that staff could contact the State Controller's Office to obtain approval before applying for the funds. Additionally, he added that a joint project would involve the creation Minutes City Council Meeting 03/24/08 -5- of an agreement with the other City and it could contain a condition that would indemnify Rolling Hills from costs associated with a potential audit of these funds. Discussion ensued regarding the amount of the funds. City Manager Dahlerbruch explained that Rolling Hills Estates would like to improve the intersection at Rolling Hills Road (Portuguese Bend Road) and Palos Verdes Drive North as well Palos Verdes Drive North at Dapplegray Road and that Rancho Palos Verdes has plans to repave Palos Verdes Drive East and that both of these proposed improvements would benefit Rolling Hills residents. Councilmember Lay moved that the City Council approve staff's recommendation to work with the State Controller's Office to obtain approval for the City to spend its funds in a joint project with Rolling Hills Estates and with Rancho Palos Verdes and if approval is received, to formally contact Rolling Hills Estates and Rancho Palos Verdes with regard to partnering in a joint transportation project with each City individually. Discussion ensued regarding staff's recommendation relative to contacting the State Controller's Office. It was suggested that instead of contacting the State Controller's Office, that the City should move forward with a joint project in a neighboring city and enter into an agreement with the neighboring city to indemnify the City if there were an audit. Concerns were expressed regarding this suggestion due to the private nature of the roadways in the City. Following the discussion, Councilmember Lay withdrew his motion. Councilmember Pernell moved that the City Council authorize staff to proceed with the application for Proposition 1B funds for joint projects in a neighboring city that would be beneficial to Rolling Hills residents with indemnification by the receiving City in the event of an audit and required to reimburse the State for these funds. Discussion ensued regarding the motion. It was suggested that the City hold off on making a decision at this time and have staff further research the stipulations outlined by the State relative to the use of these funds. It was noted that other transportation funds are received by the City with assurances that they may be granted to another city since they cannot be used on the private roadways in the City. Concerns were expressed regarding the conditions associated with Proposition 1B funds. City Manager Dahlerbruch stated that he had researched the conditions associated with Proposition 1B funds and was told that if there were to be an audit, that the City may be required to repay the funds since the funds were used outside the City's jurisdiction. It was noted that the State's Finance Department has indicated that Rolling Hills is eligible to receive these funds and discussion ensued regarding the concern that if the City used the funds for a mutually beneficial project outside of its jurisdiction and there was an audit that the funds may have to be reimbursed to the State. Councilmember Lay seconded the motion. The motion failed by the following roll call vote: AYES: Councilmember Pernell. NOES: Councilmembers Black, Lay, Mayor Pro Tem Heinsheimer and Mayor Hill. ABSENT: None. ABSTAIN: None. Further discussion ensued regarding this matter. It was suggested that staff query the neighboring cities regarding their use of these funds on a project that would benefit Rolling Hills residents. City Manager Dahlerbruch reported that staff in Rancho Palos Verdes and Rolling Hills Estates have indicated that they would be moving forward with their projects whether or not the City of Rolling Hills' Proposition 1B funds were granted to them. Councilmember Pernell moved that staff be asked to determine whether Rancho Palos Verdes or Rolling Hills Estates has a transportation project planned that would benefit Rolling Hills' residents that is eligible for Proposition 1B funding and if so, provide information to the City relative to the specifics of the project including the schedule, project cost, current funding sources, how the project benefits Rolling Hills' residents, and why it qualifies for Proposition 1B funding as well as if Rancho Palos Verdes or Rolling Hills Estates would indemnify the City from all costs associated with a potential audit of these funds should the City join in a joint project. Staff was asked to prepare a report for the City Council when this research has been completed. Mayor Pro Tem Heinsheimer seconded the motion: Following brief discussion regarding staff's direction to conduct an internal review of the enacting legislation to determine whether or not there would be anything to preclude the City from a joint project with another City, the motion carried unanimously. Minutes City Council Meeting 03/24/08 -6- 1 MATTERS FROM THE CITY ATTORNEY CLOSED SESSION The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation. Existing Litigation: G.C. 54956.9(a) Hui -Tse Sheen, Individual, Plaintiff, vs City of Rolling Hills, Rolling Hills Community Association, et. al., Los Angeles County Superior Court, Case No. YC051963. G.C. 54956.9(a) Jonas, et al. v. City of Rolling Hills, et al., Los Angeles County Superior Court Case No. YC033955. - G.C. 54956.9(a) Freeman v. City of Rolling Hills, et al., Los Angeles County Superior Court Case No. YC054015. G.C. 54956.9(b) Threat of litigation: One case. No closed session was held. Following an explanation by the City Attorney, Councilmember Lay moved that the City Council approve the appeal strategy dealing with the Notice of Violation for contributing to beach bacteria pollution into the Santa Monica Bay and Marina Del Rey Harbor. Mayor Pro Tem Heinsheimer seconded the motion which carried unanimously. ADTOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 9:05 p.m. in memory of Rolling Hills residents Tom Roberts and Gladys Black. The meeting was adjourned to the next regular meeting of the City Council scheduled to be held on Monday, April 14, 2008 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Approve Frank E. Hill Mayor Minutes City Council Meeting 03/24/08 Marilyn Kern ;l Deputy City Clerk -7-